V.R.E.F. Rule 7

(a) Format Requirements for Electronic Documents. An electronically filed document must:

(1) be created, saved as, or converted to, PDF format as specified in (b), unless the court

orders that it be filed in a different format;

(2) comply with the size limit specified in the efiling instructions;

(3) not contain a virus detected by the electronic filing system;

(4) be consistent with Rule 5(g) and (h), if applicable;

(5) be accompanied by a certification of compliance with the Rules for Public Access to

Court Records by the method specified in these rules;

(6) not contain any password protection or other security device, and

(7) Not contain an embedded hyperlink or internal bookmark.

(b) Required PDF format. To comply with subdivision (a)(1):

(1) a document, other than those excluded in paragraph (2) of this subdivision, that is efiled

or submitted pursuant to Rule 1(g) must be in the form of a text-searchable Portable Document

Format (PDF) or a text searchable Portable Document Format/A (PDF/A) file and be directly

converted to PDF rather than scanned if possible.

(2) a document that is an attachment or exhibit that is a scanned image of its original form

may be in standard PDF format and need not be text searchable.

(c) Format Requirements for Nonelectronic Documents. A nonelectronically filed

document must:

(1) be clearly legible, with all text visible and dark enough to be readable on a scanned

image, and

(2) contain a certification that it complies with Rule 7(a)(1) of the Vermont Rules for Public

Access to Court Records.

(d) Relation to Form and Formatting Requirements in Other Procedural Rules. The

formatting requirements in this rule are in addition to, and do not supplant, form and formatting

requirements imposed by other procedural rules.

Reporter’s Notes—2020

Rule 7 provides the formatting requirements for electronically

and nonelectronically filed documents. The requirements are

mandatory and are largely self-explanatory. Failure to follow them

can result in the rejection of a filed document.

The general requirement is that a document be filed in PDF

format, but the court can order a different format. The court may

order the filing of a specific document in another format—for

example, the court could order a proposed order or findings of fact

to be filed in MS Word so that the content can be more easily

edited and used by the court. A filer who is filing a document in a

different format pursuant to this exception must also file the court

order authorizing use of this format so the staff reviewing the filing

is aware of the court authorization.

Subdivision (b) states that the PDF format be text-searchable so

the text can be captured for different purposes. For instructions on

creating or converting a document to text searchable PDF see U.S.

Ct. of App. for the Second Circuit, Making a PDF Text-Searchable,

http://www.ca2.uscourts.gov/clerk/case_filing/electronic_filing/how

_to_use_cmecf/text_searchable_pdfs.html [https://perma.cc/6L6B-

LY73].

The requirement that the document be text-searchable does not

apply to attachments and exhibits as they are not documents

created for litigation.

Rule 7(c) provides formatting requirements for nonelectronically

filed documents. The rule provides that generally documents

should be legible with text visible. Because court staff will scan

these documents, it is highly recommended that filers do not use

staples to secure pages or exhibit separator pages.

Reporter’s Notes—2021 Amendments

This rule is amended in connection with the introduction of

efiling in the Vermont Supreme Court. Subdivision (a) is amended

to modify the cross-reference to Rule 5 to reflect the relettering of

the applicable sections and to make clear that the cross-reference to

Rule 5 is only to subdivisions that apply to the efiler. It is also

amended to reflect another system requirement that the document

not contain an embedded or live hyperlink or internal document.

The document may contain an internet path that is not live but can

be used by copying it into an internet browser.

Subdivision (d) is added to make clear that the formatting

requirements of this rule are additional to any form or formatting

requirements imposed by other procedural rules. An example of

such rules are the formatting requirements contain in the 2021

amendments to V.R.A.P. 32.